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STAFF REPORT 6 <br />To: Mayor and City Council <br />Michael J. Mornson, City Manager <br />From: Kim Moore -Sykes, Assistant City Manager OM <br />Date: February 9, 2010 <br />Subject: Conditional Use Permit (CUP) Request for Clearwire Communications, LLC for High -Speed Wireless <br />Internet Antennas and Related Equipment <br />Public Hearing: January 19, 2010 Planning Commission Meeting <br />Date Application Received: December 17, 2009 <br />Property Address: 4001 Stinson Boulevard <br />Zoning District: Commercial <br />60 -Day Expires: February 17, 2010 <br />Waiver Letter Required- Yes Date Sent: No X <br />Background: Mr. Rob Viera, Buell Consulting, Agent for Clearwire Communications, LLC, has been <br />working with Staff to complete the requirements to obtain a Conditional Use Permit for the installation of <br />high-speed wireless Internet antennas and related equipment at 4001 Stinson Boulevard, the Silver Lake <br />Plaza Building, formerly the Apache Medical Building. Mr. Viera appeared before the Planning <br />Commission in a concept review at the December 15, 2009, presenting the Clearwire Communications <br />proposal for the antenna installation. A public hearing was held at the January 19, 2010 Planning <br />Commission meeting. <br />Application Review and Analysis: Mr. Viera responded to the following CUP conditions and <br />requirements. <br />1. The requested conditional use is one of the Permitted Conditional Uses specifically listed for <br />the zoning district in which the conditional use is located. City Code states in §90.05(A) of the <br />City Code that towers and wireless telecommunication facilities are permitted with administrative <br />approval if sited in the Industrial Zoning District or on City property. Siting in other zoning <br />districts requires a CUP based on the requirements stated in §90.06, PERMITTED CONDPTIONAL <br />USES. Mr. Viera reported that Clearwire Communications, LLC, is proposing to install high-speed <br />wireless Internet antennas on the roof of the Silver Lake Plaza building at 4001 Stinson Boulevard. <br />2. That the requested conditional use permit will not be detrimental to health, safety or general <br />welfare of persons residing or working in the vicinity or injurious to property values of <br />improvements in the area. Mr. Viera stated that other communications companies currently have <br />antennas installed on the roof of the Silver Lake Plaza building. He also indicated that the radiation <br />levels associated with the high-speed antennas negligible to anyone in the building and on the ground <br />Staff Rpt Clearwire Communications CUP <br />